What to do if you get an eviction notice

A paper taped to the door, a letter with the word “eviction”, a message saying you have three days. Fear makes many people leave without a fight or sign whatever is put in front of them. This guide explains, using what the CFPB publishes, federal law and the New York Attorney General as one state’s example, what each moment of the process means and what you can do at each one. The exact deadlines (how many days each notice gives, when the hearing is) are set by your state’s law; that is why, at every step, the guide points you to the free legal help that does know those rules.

Of notice, at least, before you can be required to leave a federally backed home

30 days⁶

Of pause in an eviction that servicemembers and their dependents can request

90 days¹

An eviction case can stay on your tenant screening report

7 years⁸

First: a notice is not an order

The CFPB explains that if you are behind on rent and received a demand for payment, an eviction notice or a court lawsuit, help is available. It sorts what you can do into three situations: no lawsuit has been filed yet, one has been filed, or a court has already ruled that you can be evicted.¹ As a renter you have local, state and federal rights, and some may help you stay in your home and postpone the evictionevictionEviction is the legal process a landlord uses to get back a rented home when the tenant does not want to leave. The most common reasons are unpaid rent, serious lease violations or a lease that has ended. First the landlord must give you written notice. If it is not resolved, the landlord needs a court order, and a law enforcement officer must carry out the removal. If you are sued, you have the right to file a written answer explaining to the court why you should not be evicted. The rules change by state and city.See the full definitionClose.²

A paper from the landlord does not give them permission to put you out. According to the CFPB, your landlord cannot force you out by changing your locks without a court order.⁴

How an eviction moves forward

This is how the CFPB describes the process, with the New York Attorney General as an example for the last part. The names of the papers and the deadlines change from state to state.

From notice to the judge's order, step by step

1. 1. You get a notice or a demand for payment

   The first paper

   It is a notice from the landlord, not a judge's order. How many days it gives you is set by your state's law.¹

   Try it with your numbersEviction timelines by state

2. 2. The landlord files a lawsuit in court

   If you cannot work it out

   You get court papers, such as the summons. Ask the clerk how long you have to answer.¹

3. 3. You file your written answer

   Within the time the court gives you

   Explain your situation and what you are doing to get help. You can file it even if you do not have a lawyer yet.¹

4. 4. You go to the hearing

   On the date the court sets

   Ask whether there is mediation or a referral to a housing counselor. The judge may delay or dismiss the eviction because you are trying to get help.¹

5. 5. The judge decides

   At the end of the case

   If the ruling goes against you, ask whether the order can be placed on hold while your assistance application is processed.¹

6. 6. Only an officer carries out the order

   After the judgment

   In New York, for example, only a sheriff, marshal or constable can carry out the court's warrant.⁵

The first notice for late rent and its deadline change from state to state, and some local areas have their own rules that can delay an eviction.¹ This table shows the notice the law sets in the states where we have it verified; each state’s page has the details, and the eviction timeline tool lays them out by date.

Notice for late rent, by state

State	Notice for late rent
Alabama	7 business days
Alaska	7 days
Arizona	5 calendar days
Arkansas	3 days
California	3 court days
Colorado	10 days
District of Columbia	10 days
Florida	3 days
Georgia	3 business days
Hawaii	10 calendar days
Idaho	3 days
Illinois	5 days
Indiana	10 days
Iowa	3 days
Kansas	3 calendar days
Kentucky	7 days
Louisiana	5 days
Maryland	10 days
Massachusetts	14 days
Michigan	7 days
Minnesota	14 days
Mississippi	3 days
Montana	3 days
Nebraska	7 calendar days
Nevada	7 judicial days
New Hampshire	7 days
New Mexico	3 days
New York	14 days
North Carolina	10 days
North Dakota	3 days
Ohio	3 days
Oklahoma	5 days
Oregon	10 days
Pennsylvania	10 days
Rhode Island	5 days
South Carolina	5 days
Tennessee	14 days
Texas	3 days
Utah	3 business days
Vermont	14 days
Virginia	14 days
Washington	14 days
Wisconsin	5 days
Wyoming	3 days

This is the general notice to pay or leave; your city may have rules that change it.¹ Tap your state to see the details. Source: each state's laws

Moment 1: you received a notice or a demand for payment

This is the moment with the most options. The CFPB advises finding out whether your landlord is willing to work with you or plans to file an eviction lawsuit, and reminds you that it is very rare for a landlord to prefer going through the eviction process instead of receiving their rent.¹ Besides applying for assistance, the CFPB suggests talking about a repayment plan. Many assistance programs accept applications from both the landlord and the renter, and renters often need the landlord’s help to complete theirs.³

Ways to catch up, according to the CFPB

Change when you pay

• The due date moves to match your payday.³
• Or rent is split into several payments a month.³

Pay less for a while

• The landlord accepts a smaller payment for a few months, as long as you pay the agreed amount each month.³
• Or forgives late fees as long as you make some payment.³

A plan for back rent

• Back rent is repaid over a period, such as six months to a year.³
• Each month you pay rent plus part of what you owe.³

Put what you agree on in writing and keep a copy with your receipts.

At the same time, ask for help. Some states or local areas have rules that could delay your eviction while you get help, and local housing counselorsHUD-approved housing counselorA HUD-approved housing counselor works at an agency HUD has approved to provide housing counseling: independent, expert advice customized to your situation about buying a home, renting, a missed mortgage payment, a foreclosure or credit problems. The agencies usually charge little or nothing; many serve in Spanish and offer the homebuyer education course several assistance programs require. They are not lenders or real estate agents and sell you nothing. Your county page lists the official agencies with phone numbers.See the full definitionClose, legal aidlegal aidLegal aid is the free civil legal help that nonprofit organizations and their lawyers provide to low-income people in civil, not criminal, matters. In housing, that includes representing families facing eviction or foreclosure, alongside matters such as custody, child support, protection from domestic violence and access to benefits. In the United States, the Legal Services Corporation, created by Congress, funds a nationwide network of these organizations; its finder points you to the one in your area. Each sets its own income limits.See the full definitionClose and social services organizations can explain how they work. You can also apply to state or local organizations for federal money for rent, utilities and other housing costs; many pandemic programs have closed, but some money may still be available.¹ Keep proof of every application: you will need it if the case reaches court.

If you are having trouble paying rent, you are not alone, the CFPB says.² According to the Census Bureau’s American Community Survey, 51% of renter households pay 30% or more of their income on rent; the rent burden page has the numbers for your area.

There is a federal rule worth knowing. Under the CARES Act, the landlord of a “covered dwelling” may not require you to leave before 30 days have passed since giving you the notice to vacate. A covered dwelling is one occupied by a tenant on a property that participates in a covered federal housing program or the rural housing voucher program, or that has a federally backed mortgage, single-family or multifamily.⁶ Covered programs include, among others, public housing and Section 8, the low-income housing tax credit, the HOME program, homeless assistance programs, housing for the elderly and for persons with disabilities, USDA rural housing programs and several veterans’ programs.⁷ If you have a housing voucherHousing Choice Voucher (Section 8)The Housing Choice Voucher, the program almost everyone calls Section 8, is the country's largest federal rental assistance. HUD pays rental subsidies so eligible families can afford decent, safe and sanitary housing. Local public housing agencies administer it with HUD funds. The family finds its own home on the private market; if the agency approves the unit and the tenancy, it contracts with the owner to pay part of the rent, and the family pays the rest. Waiting lists are usually long and open for limited periods.See the full definitionClose or live in a subsidized building, ask whether your home is covered; if you do not know whether the building’s mortgage is federally backed, a legal aid office can find out.

Moment 2: you were sued in court

If you receive court papers, the case already exists and has a date. The CFPB warns that too many renters give up before they have a chance to go to court. When you respond, you can share information that might help you avoid eviction and object to anything that is not true.¹ You have the right to file a written answer explaining to the court why you should not be evicted: your situation, what your landlord has or has not done to get rental assistance funds and any pending applications. The judge may delay or dismiss the eviction because you are trying to get help.¹

Call the court clerk and ask how long you have to answer from the date you received the summons, whether there is a court date yet, whether the court offers mediation or refers people to housing counselors, and whether you have the right to a lawyer. If you do not have a lawyer yet, you can file an answer on your own; LawHelp.org explains how in your state.¹

This is the moment for legal help. Many landlords are represented by a lawyer in court, and you can get legal help too.⁴ The CFPB recommends talking to a lawyer if your landlord is threatening to evict you or you need help understanding your rights; you may qualify for free legal aid based on your income, through your local bar association or a legal aid office.¹ The Legal Services Corporation, established by Congress, funds civil legal aid for low-income Americans, and on its site you find the nearest office by entering an address or city.⁹ The link is at the end of this guide.

Moment 3: the judge has already ruled

If a court has already ruled that you can be evicted, there is still something to ask: the CFPB says to ask the judge or the court clerk whether the eviction order can be placed on hold while your rental assistance application is processed.¹ Emergency assistance is not just for back rent: you can ask for help with moving costs, the security deposit and application fees for a new home.¹

What comes next depends on the state. In New York, for example, in a non-payment case you can have the case dismissed if you pay all the rent owed before the warrant is carried out, and if you lose you can ask the court for up to one year to move if you show you cannot find a similar apartment in your neighborhood; the judge decides.⁵ Ask the legal aid office what options your state’s law gives you.

A HUD-approved housing counselor can also help you plan the move and look for housing; they give independent advice on renting, missed payments and credit, often free or at low cost,¹² and you reach them at 800-569-4287.¹ Your state’s page under Places lists the agencies and the public housing authoritypublic housing agency (PHA)A public housing agency (PHA) is a state, county, municipal or other governmental entity or public body authorized to operate public housing or rental assistance programs. These are the agencies that locally administer the Housing Choice Vouchers (Section 8) and public housing with HUD funds: they open and manage the waiting lists, review eligibility and income, inspect units and pay the owner its share of the rent. Each county usually has one or several; your page shows the ones serving your area with their phone numbers.See the full definitionClose in your area.

What a landlord cannot do on their own

Even if you owe rent, an eviction goes through the court. According to the CFPB, your landlord cannot force you out by changing your locks without a court order; that is an illegal lockoutillegal lockoutAn illegal lockout happens when the landlord shuts you out of your home by changing the locks without a court order. A landlord cannot force you out that way, or pressure you by cutting off utilities under the landlord's control. To evict you, the landlord must follow the legal process: written notice, a court case and a judge's order. Most states prohibit removing or shutting out a tenant without a court order. Depending on your state's law, you may be able to get back into the home, end the lease or recover damages.See the full definitionClose.⁴ In New York, the Attorney General adds that a landlord also cannot use threats, remove your belongings or willfully cut off services such as water or heat, and that in a non-payment case you cannot be evicted for not paying other fees, such as late fees.⁵

If the person collecting your back rent is the landlord’s lawyer or a collection agency, they may be a debt collector under federal law. Debt collectors cannot use unfair, deceptive or abusive practices; if you believe one is, you can submit a complaint to the CFPB or call (855) 411-2372.⁴

If this is you

You are an active servicemember

You and your dependents can ask for a pause of up to 90 days in an eviction; talk with your local Legal Assistance Office.¹

You have a voucher or live in subsidized housing

If your home is covered, the landlord cannot require you to leave before 30 days after the notice.⁶ Your local public housing authority and legal aid can confirm it.

You are experiencing violence at home

Federal law may protect you from eviction or from losing your subsidy because of domestic violence, dating violence, sexual assault or stalking committed against you.⁴ Call legal aid.

They want you out because of your family or your origin

The Fair Housing Act prohibits discrimination in the terms of a rental because of familial status or national origin, among other reasons.¹¹

If the reason is not the rent

Sometimes the “eviction” comes after you asked for a repair, after a baby was born or after the landlord found out where you are from. The Fair Housing ActFair Housing ActThe Fair Housing Act is the federal law that makes it illegal to refuse to sell or rent a dwelling, or to discriminate in its terms, because of race, color, religion, sex, familial status (having children), national origin or disability. It applies to landlords, real estate agents and managers, and also to banks and lenders when their practices make housing or credit unavailable for those reasons. National origin covers your language and the country you come from, regardless of immigration status. If you believe you were discriminated against, you can file a complaint with HUD at no cost; many states add protections.See the full definitionClose makes it unlawful to discriminate in the terms, conditions or privileges of a rental, or in related services, because of race, color, religion, sex, familial status or national origin, and also because of disability.¹¹ If you think that is your case, tell the legal aid office on the first call.

Rules on retaliationlandlord retaliationLandlord retaliation happens when the landlord punishes you for using a legal right. For example, the landlord tries to evict you because you complained in good faith to a government office about health or safety problems in the home, or because you organized with other tenants. Not every state recognizes it, and each one defines and proves it differently. In addition, the federal Fair Housing Act prohibits retaliating against a person for filing a housing discrimination complaint or taking part in that process.See the full definitionClose for requesting repairs are set by each state. The LSC Eviction Laws Database, built with Temple University, lets you explore the entire legal process of eviction for all 50 states, the District of Columbia, Puerto Rico and other territories, with the laws in effect as of January 1, 2021.¹⁰ It is a reference for understanding the map; the current dates and forms come from the legal aid office.

Afterward: your record and your next rental

Fighting the case matters even if you end up moving. According to the CFPB, eviction court cases can appear on your tenant screening report for up to seven years, and many landlords will not rent to someone whose report shows an eviction filing. Under the Fair Credit Reporting Act, lawsuit and judgment information can be reported for seven years or until the statute of limitations runs out, whichever is longer. Some states allow eviction records to be sealed or expunged, or prohibit using them. If the information is wrong or outdated, dispute it with the screening company and with the company that provided it, and you can submit a complaint to the CFPB online or at (855) 411-2372.⁸

Our guide How to rent without a Social Security number or credit explains what you can be asked for and your rights when applying for your next home, and the security deposits guide explains how to get back the deposit on the home you leave.

Costly mistakes

• Mistake: Not answering the lawsuit or not going to the hearing.

  Instead: Answer in writing and go: too many renters give up before they go to court.¹

• Mistake: Leaving without a fight because you plan to move anyway.

  Instead: An eviction case can stay on your report for up to seven years, and many landlords will not rent if they see it.⁸

• Mistake: Paying someone who promises to get you rental assistance.

  Instead: Scammers target people looking for that help; apply directly to the program.²

• Mistake: Accepting a lock change without a court order.

  Instead: Your landlord cannot force you out that way; call a free legal aid office today.⁴

• Mistake: Waiting for the judge to rule before applying for assistance.

  Instead: Apply from the first notice and keep the proof: the judge may delay the eviction if you are seeking help.¹

What to do today

1. Write the date you received it on the paper and keep the envelope.
2. Call your landlord and ask whether they are willing to set up a payment plan or whether they will sue.¹
3. Apply for rental assistance and keep the proof.¹
4. Call your local legal aid office or a housing counselor at 800-569-4287.¹
5. If there are already court papers, file your written answer and note the hearing date.¹